If your loved one is killed in any type of accident, you may have a claim for wrongful death in Florida. Wrongful death is essentially any death that is caused by the intentional, reckless or negligent act of another person.
Most wrongful death actions are the result of a car accident, dangerous drug or defective product. And, most of these acts involve negligence. This means that your wrongful death attorney will have to prove that the defendant not only caused the death of your loved one, but that they were also negligent in doing so.
How Does Your Wrongful Death Lawyer in Florida Prove Negligence?
In order to prove that the defendant is liable for your loved one’s death, your wrongful death attorney in Boca Raton must prove the following:
- The defendant owed your loved one a duty of care
- They breached this duty
- Your loved one passed away
- Their death was caused by the defendant’s breach
If your attorney can prove these four (4) things, you may be entitled to damages.
Who Can File a Wrongful Death Claim in Florida?
In most states, any family member can file a claim for wrongful death. In Florida, however, only the personal representative of the estate can file a wrongful death claim. They are filing this claim on behalf of the family. However, just because you’re related to the decedent doesn’t mean you can file a legal claim.
Your Wrongful Death Attorney in Florida Will Demand Damages
If your wrongful death claim is successful, you’ll be entitled to the following damages. These damages include:
- Funeral and burial expenses
- Lost earnings (from the date of injury to the date of death)
- Loss of future earnings
- Pain and suffering (of the deceased not the family)
- Loss of companionship on the part of the decedent’s spouse and children
- Loss of future estate value (had the decedent lived a full life)
- Any medical bills the accrued as a result of the accident
Your wrongful death attorney will have to prove these damages. They’ll work hard to make sure your family receives the compensation they deserve.
Contact an Experienced Wrongful Death Lawyer in Florida
If your loved one has passed away, you need to focus on grieving and taking care of your family. The last thing you’ll want to do is deal with insurance companies and hospital bills. This is why you need to call an experienced wrongful death lawyer in Florida.
